Regulation Necessary for Protection and Restoration of Forests in Ukraine

October 9, 2014

     Public administration of domestic forestry sector should be aimed at developing an effective mechanism to achieve a harmonious balance between social, economic and environmental interests of the state in the investigated area. The state can ensure this balance only with the help of efficient distribution of powers.
     Analysis of the legal regulation of protection and restoration of forests in Ukraine by the lawyers of the ERI of Land Resources and Law revealed a number of shortcomings. In particular, there exists a conflict of interest in the State Agency of Forest Resources in protection of forests. The State Agency of Forest Resources is authorized to cut trees, engage into profitable activities, control both violation of legislation and compliance with legislation. According to lawyers, incorrectness of the correlation is the cause of secret offenses in the forestry sector.

     The procedure of access to private premises and possessions, temporary suspension of certain activities and other measures to restrict the rights of individuals are also unregulated, which enables the representatives of forest protection service in most cases to make decisions concerning such activities not by the law, but at their discretion. The powers of state forest protection service to access private information and private ownership violate a person's right not to incriminate himself, which, in turn, is guaranteed by the European Convention on Human Rights and the Constitution of Ukraine.
     The problem of inequality of private, communal and state ownership of forest protection is also acute. It manifests itself in the administrative and legal protection of only state-owned forests, excluding forests of private and communal property, as well as a significant amount of state-owned forests, managed by the Ministry of Agrarian Policy and Food of Ukraine etc.

     The solution of the above-mentioned legal problems and conflicts will significantly increase the efficiency of state forest protection and provide legal regulation necessary for the protection and restoration of forests in Ukraine.


Department of Scientific and Technical Information of the Research Subdivision
 


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